Supreme Court Expedites Medicaid Expansion Case

The Ohio Supreme Court on Oct. 31
expedited the 1851 Center for Constitutional Law’s challenge against the
federally funded Medicaid expansion, which Republican Gov. John Kasich pushed through the Controlling Board, a seven-member legislative panel, despite resistance from the Ohio legislature.

The case will decide whether Kasich was
constitutionally allowed to bypass the legislature to expand Medicaid
eligibility to more low-income Ohioans. The 1851 Center says the
Controlling Board isn’t allowed to go against the will of the
legislature. The Kasich administration argues the Controlling Board can
unilaterally accept federal funds.

With the case now expedited, both sides
will submit their arguments on the merits of the case to the state’s
highest court by Dec. 1.

Kasich tried for most of 2013 to get the
expansion approved by the Ohio House and Senate, but he couldn’t
convince Republican legislators, who control both chambers, to approve
the plan.

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But instead of accepting defeat, Kasich asked the Controlling
Board to take up federal funds for the expansion. The board approved the
funds on Oct. 21.

The legal complaint was filed on Oct. 22
on behalf of Republican State Reps. Matt Lynch, Ron Young, Andy
Thompson, Ron Maag, John Becker and Ron Hood, Cleveland Right to Life
and Right to Life of Greater Cincinnati.

Kasich, in a rare alliance with
Democrats, says the Medicaid expansion is necessary to insure more
low-income Ohioans and obtain federal Obamacare dollars that would go to
other states if Ohio declined the expansion.

But Republican legislators say they’re
concerned about the government’s involvement in the health care system
and whether the federal government can afford to pay for the Medicaid
expansion.

The Health Policy Institute of Ohio (HPIO) previously found
the expansion would insure between 300,000 and 400,000 Ohioans through
fiscal year 2015. If the expansion is approved beyond that, HPIO says it
would generate $1.8 billion for Ohio and insure nearly half a million
Ohioans over the next decade.

If the Ohio Supreme Court upholds the
Controlling Board’s decision, the Medicaid expansion will go into effect
in 2014 and cost the federal government nearly $2.6 billion, according
to the Ohio Department of Medicaid.